OIC, Detachment ECHO — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUN 28 2005 Chief Warrant Officer Jeffery J. Zagurski Reference No. 05-0150 Mobile Diving and Salvage Unit TWO OIC, Detachment ECHO 1004 Hermitage RD, Bldg 2052 Norfolk Virginia 23521-7006 Dear Chief Warrant Officer Zagurski: This is in response to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of compressed gases solely for military purposes in Department of Defense-owned and-operated vehicles. The transport of hazardous materials in military or government vehicles operated by military or if the purpose is commercial, or if the government entity offers hazardous materials for government personnel solely for noncommercial purposes is not subject to the HMR. However, transportation to commercial carriers, then the HMR would apply. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Duse by ON John A. Gale Office of Hazardous Materials Standards Chief, Standards Development 171.1 172./01 050150#

Page 20073520117 5:20 9 May 2005 Chief Warrant Officer Jeffrey J Zagurski Mobile Diving and Salvage Unit TWO Relerford Officer in Charge, Detachment ECHO 1004 Hermitage RD, BLDG 2052 §171.1 Norfolk Virginia 23521-7006 $/72.101 /V0507.00 Ms. Jessica Parson, Applicabilty United States Department of Transportation Research and Special Programs Administration Office of Hazardous Materials Standards 400 7" St., S.W., Washington, D.C. 20590 Dear Ms. Parson: This letter addresses the applicability of 49 CFR parts 170-180, the Hazardous Materials Regulations (HMR), for DOD-owned and operated vehicles. Mobile Diving and Salvage Unit TWO uses government owned or contracted vehicles to transport compressed gases (Oxygen, Helium, and Air). These military transported items are used solely for military purposes during routine training and operational activities. The vehicles are not limited to transportation on DOD installations; they also travel raised as to weather or not these regulations apply to military entities. Does the HIMR over public roads/highways in the accomplishment of their mission. Questions have been regulation apply under these conditions? Please provide a written response to this question for our records. If there is a requirement for additional information, I may be reached by telephone at (757) 462-4331 or by email at Jeffrey. Zagurski@navy.mil.#